Settlement Agreement Signed, Plaintiff (Wife) Files a Dismissal. Question....

[DJ Bungi]

What is the name of your state (only U.S. law)?

Georgia

My wife and I agreed on a settlement agreement. Signed it, she filed (I went to the courthouse with her as well that day). She filed a dismissal because another woman likes me and she does not want to pay me money back (what we agreed in the settlement agreement). I filed again. I asked the judge (wrote a letter) to incorporate the settlement agreement into the second filing. Is this possible? If so, what do I have to do?

 

[Ohiogal]

What is the name of your state (only U.S. law)?

Georgia

My wife and I agreed on a settlement agreement. Signed it, she filed (I went to the courthouse with her as well that day). She filed a dismissal because another woman likes me and she does not want to pay me money back (what we agreed in the settlement agreement). I filed again. I asked the judge (wrote a letter) to incorporate the settlement agreement into the second filing. Is this possible? If so, what do I have to do?

its possible. But if you don't know how to do it you need an attorney.

 

[DJ Bungi]

its possible. But if you don't know how to do it you need an attorney.

Can you give me some advice? I have facebook chat (between her and I) where she says she will cancel the settlement agreement and will not pay me any money back to use that money to take the other woman out.

 

[Bali Hai]

Can you give me some advice? I have facebook chat (between her and I) where she says she will cancel the settlement agreement and will not pay me any money back to use that money to take the other woman out.

She wants to use that money to take the other woman out?

 

[ecmst12]

If she is not going to agree to the settlement, then you have a contested divorce on your hands. That means it would really be best for you to get an attorney.

 

[DJ Bungi]

She wants to use that money to take the other woman out?

She said I would take that money (that she pays back) and use it to take another woman out.

 

[DJ Bungi]

If she is not going to agree to the settlement, then you have a contested divorce on your hands. That means it would really be best for you to get an attorney.

She did sign it and agreed to it, but she filed a dismissal. Is the agreement still good? (I filed again)

 

[ecmst12]

If it hadn't been approved by the court and made into an order by the judge, she still has the chance to change her mind and drag things out.

It is possible that you hiring an attorney and her getting an idea of what dragging things out will result in (you will both end up with significant legal fees, you will still end up divorced at the end, you will still have to divide the marital property equitably, you will still be able to go out with other women) might convince her to reconsider her plan of fighting it out in court. One can hope, anyway. But she has the right to proceed to court and let the judge settle things if she really wants to.

 

[DJ Bungi]

If it hadn't been approved by the court and made into an order by the judge, she still has the chance to change her mind and drag things out.

It is possible that you hiring an attorney and her getting an idea of what dragging things out will result in (you will both end up with significant legal fees, you will still end up divorced at the end, you will still have to divide the marital property equitably, you will still be able to go out with other women) might convince her to reconsider her plan of fighting it out in court. One can hope, anyway. But she has the right to proceed to court and let the judge settle things if she really wants to.

What do you mean made into an order by the judge? We made the agreement (signed and notarized in court) and she submitted it to the court when she filed the first time. She filed a dismissal and I had to file again....I am hoping the agreement still stands....

 

[ecmst12]

If the judge didn't sign it, then it's not a final order and she can change her mind. You don't have a document saying FINAL DIVORCE DECREE so it's not final.

 

[mistoffolees]

What do you mean made into an order by the judge? We made the agreement (signed and notarized in court) and she submitted it to the court when she filed the first time. She filed a dismissal and I had to file again....I am hoping the agreement still stands....

That is why you need an attorney. You clearly don't understand the system. As ecmst says, you don't have an order until the judge signs it.

It is possible to argue a case pro se. But it requires learning the system and understanding how the process works. At a BARE minimum, you need to understand the most basic concepts like the above. Ideally, you should research the laws in your state, rules of procedure, and so on. You should be able to argue at least the common points of law. If you're not willing to take the time to learn how it works, you really need an attorney.

 

[wrongsometimes]

Facebook negotiations? lol

 

[DJ Bungi]

That is why you need an attorney. You clearly don't understand the system. As ecmst says, you don't have an order until the judge signs it.

It is possible to argue a case pro se. But it requires learning the system and understanding how the process works. At a BARE minimum, you need to understand the most basic concepts like the above. Ideally, you should research the laws in your state, rules of procedure, and so on. You should be able to argue at least the common points of law. If you're not willing to take the time to learn how it works, you really need an attorney.

Well if I understood the system, I wouldn't be on this forum (Free Legal Advice). I am trying to figure out what my options are....if we did not sign any agreement, I would obviously need an attorney.

 

[mistoffolees]

Well if I understood the system, I wouldn't be on this forum (Free Legal Advice). I am trying to figure out what my options are....if we did not sign any agreement, I would obviously need an attorney.

Your other option is to reach an agreement with stbx that you can BOTH live with.